Category Archives: Freedom of Information

Two police officers are under investigation after using anti-terror stop-and-search powers against a man and two young children in a south London street.

The 43-year-old man had his mobile phones, USB sticks and a CD seized by the officers, who were in plain clothes, and was asked to stand in front of a CCTV camera in order to have his photograph taken. The undercover Metropolitan police officers also took the man’s photograph with their own camera and searched the two children he was walking with – his 11-year-old daughter and his neighbour’s daughter, aged six.

The Independent Police Complaints Commission (IPCC) said today it would “manage” the investigation into the incident in July, meaning that an independent investigator will control the inquiry conducted by the Met’s Directorate of Professional Standards.

It is unusual for the IPCC to manage an investigation into an incident of this kind, and the decision comes amid mounting concern over police use of stop-and-search and surveillance powers. The commission has received dozens of complaints relating to the use of stop-and-search powers, but the nature of this complaint is understood to have concerned investigators.

In a statement today, the IPCC said: “The complainant states that, when he asked under what legislation his property was being seized, he was told it was under section 44 of the Terrorism Act 2000. He also complained that he was given no information as to when he could retrieve his goods or who to contact in order to do so, and that there was no communication from police despite assurances that he would be told when he could collect his things.”

The Met’s complaints bureau is known to have received a number of complaints relating to alleged misuse of anti-terror powers. Two months ago, Gemma Atkinson, 27, a film-maker from London, said she would challenge the Met at the high court after she claimed she was handcuffed, detained and threatened with arrest for filming officers on her mobile phone.

Lawyers for Atkinson said the Met’s complaints bureau has been slow to respond to their complaints. Atkinson was detained at Aldgate underground station one month after Section 58(a) – a controversial amendment to the Terrorism Act – came into force, making it illegal to photograph a police officer if the images are considered “likely to be useful” to a terrorist.

Speaking about the case of the 43-year-old man, the IPCC commissioner, Mike Franklin, who leads on the issue of stop and search, said: “The use of section 44 stop-and-search powers is a very sensitive issue and it is right that complaints of this nature are taken very seriously. It is particularly worrying that two young children were allegedly searched in this way. This investigation will look at whether the use of these powers in this case was lawful, reasonable and correctly carried out.”

The scientist behind DNA fingerprinting has called for a change to the law governing DNA databases on the 25th anniversary of his discovery.

Professor Sir Alec Jeffreys uncovered the process by chance in his laboratory at Leicester University. The technique has since been used to solve crimes and identity cases. But it has also led to controversy over profiles kept on the national DNA database. “Innocent people do not belong on that database,” he said. The scientist stumbled across the groundbreaking development on 10 September, 1984. He realised that variable patterns in the structure of DNA could be used to distinguish one person from another.

‘Blue skies research’ It led to the development of DNA fingerprinting, which has been used to solve a range of crimes. Last year, 17,614 offences were solved using a DNA match, including 83 killings and 184 rapes. It has also been developed to help solve unanswered questions and disputes over personal identity, paternity, immigration, conservation and cloning.

In an interview to mark the anniversary of his discovery, Professor Jeffreys spoke of the importance of allowing academics freedom to research. Professor Jeffreys He said academics should be able to pursue “unfettered, fundamental, curiosity-driven” research. “Blue skies” research, which led to discoveries such as his own, was “the ultimate engine of all scientific and technological evolution,” he said, warning: “You lose that at your peril.”

He renewed his calls for the government to change the law governing the UK’s DNA databases – particularly the practice in England and Wales of keeping the DNA profiles of thousands of people who have neither been charged nor convicted. There are now more than five million profiles on the national DNA database, a rise of 40% in two years. He told the BBC: “My view is very, very simple, has been right from the outset. “Innocent people do not belong on that database. Branding them as future criminals is not proportionate response in the fight against crime. “And I’ve met a fair number of these people and some of these people are very, very upset and are distressed by the fact that their DNA is on that database. They cannot get it off and they feel as if they’re branded as criminals.“

A Christian group in Wisconsin is actually suing for the right to engage in a public book burning to destroy copies of a book they consider to be “explicitly vulgar, racial [sic], and anti-Christian”:

The offending book is Francesca Lia Block’s Baby Be-Bop, a young adult novel in which a boy, struggling with his homosexuality, is beaten up by a homophobic gang. The complaint, which according to the American Library Association also demands $120,000 (£72,000) in compensatory damages for being exposed to the book in a display at West Bend Community Memorial Library, was lodged by four men from the Christian Civil Liberties Union.

There was also another group that just fought to move the book into the adult section of the library, which calls itself the West Bend Citizens for Safe Libraries. The Christian Civil Liberties Union, the West Bend Citizens for Safe Libraries–aren’t those exactly the kind of Orwellian names you’d expect pro-fascist, anti-free speech organizations to call themselves?

They’re charging that the book’s physical presence in their local library caused them mental and emotional distress and that its alleged derogatory language “put one’s life in possible jeopardy, adults and children alike.” Wow! That must be some book to actually put lives in jeopardy. And since this book has been around for 15 years now, I would love to hear about all the lives who were destroyed by its mere existence.

The West Bend Citizens for Safe Libraries claims they wish. . .

“. . .to protect children from accessing them without their parents’ knowledge and supervision.”

The old “protect them from themselves” gambit–a fascist classic. Fortunately, the library committee stuck to their guns by keeping the books in the young adult section. But the other group decided they wanted to burn the books.

“The word ‘faggot’ is very derogatory and slanderous to all males,” the suit continues. “Using the word ‘Nigger’ is dangerously offensive, disrespectful to all people. These words can permeate violence.” The suit also claims that the book “constitutes a hate crime, and that it degrades the community”, but surely their intended burning of this particular book is a greater offense.

“They’ve filed a claim against the city of West Bend and the city has to decide if it is valid,” said Deborah Caldwell-Stone, acting director of the ALA’s office for intellectual freedom. “Their insurance company is evaluating the claim, but I would be very surprised if they found any merit in it … Should they find any merit in this claim, we would certainly support the library in fighting it.”

The legal challenge follows a lengthy campaign by some West Bend residents to restrict access to teenage books they deemed sexually explicit from library shelves, which was eventually thrown out at the start of June.

“Obviously we were really pleased with the outcome to that – there was a unanimous vote to keep the books in the library and we thought the matter should be over,” said Larry Siems, director of the Freedom to Write programme at PEN America.

Siems said there was clearly “a bit of theatre” in the lawsuit which followed. “They’ve filed a lawsuit which has little possibility of going forward legally, and they’re asking for damages which include the right to burn a book. It does seem more to gain publicity than a real serious challenge.” But, he said, PEN remained very concerned about the impulse behind the claim. “This is a group of people trying aggressively to rid the library of these books and that’s very serious – it needs to be fought.”

The claimants, he said, “have a right to continue to express their views, and this in a way is a creative attempt to express those views”. But it’s “also a dangerous game when you’re talking about something like book burning, calling on the law to burn books. It’s certainly completely un-American, and if they paused, I think they would agree.”

Thousands of people are being stopped and searched by the police under counter-terrorism powers simply to provide a racial balance in official statistics, the government’s official anti-terror law watchdog has revealed.

Lord Carlile said in his annual report that he has got “ample anecdotal evidence”, adding that it was “totally wrong” and an invasion of civil liberties to stop and search people simply to racially balance the statistics.

“I can well understand the concerns of the police that they should be free from allegations of prejudice,” he said. “But it is not a good use of precious resources if they waste them on self-evidently unmerited searches.”

The official reviewer of counter-terrorist legislation said there was little or no evidence that the use of section 44 stop-and-search powers by the police can prevent an act of terrorism.

“Whilst arrests for other crime have followed searches under the section, none of the many thousands of searches has ever resulted in a conviction for a terrorism offence. Its utility has been questioned publicly and privately by senior Metropolitan police staff with wide experience of terrorism policing,” said Carlile.

He added that such searches were stopping between 8,000-10,000 people a month.

Under the Terrorism Act 2000, the “section 44 stops” allow the police to search anyone in a designated area without suspicion that an offence has occurred. But Carlile is critical of the use of the powers used by the Met police, saying he felt “a sense of frustration” that the force did not limit its section 44 authorisations to some boroughs or parts of boroughs but used them across its entire area.

“I cannot see a justification for the whole of the Greater London area being covered permanently. The intention of the section was not to place London under permanent special search powers.”

None of the many thousands of searches had ever led to a conviction for a terrorist offence, he said. He noted, too, that the damage done to community relations was “undoubtedly considerable”.

Examples of poor, or unnecessary use, of section 44 abounded. “I have evidence of cases where the person stopped is so obviously far from any known terrorism profile that, realistically, there is not the slightest possibility of him/her being a terrorist, and no other feature to justify the stop.”

The Met has announced a review of how it uses section 44 powers. And the home secretary, Alan Johnson, is to issue fresh guidance to the police, warning that counter-terrorism must not be used to stop people taking photographs of on-duty officers.

Carlile uses his annual report to endorse complaints from professional and amateur photographers that counter-terror powers are being used to threaten prosecution if pictures are taken of officers on duty.

He said the power was only intended to cover images likely to be of use to a terrorist: “It is inexcusable for police officers ever to use this provision to interfere with the rights of individuals to take photographs.” The police had to come to terms with the increased scrutiny of their activities by the public, afforded by equipment such as video-enabled mobile phones. “Police officers who use force or threaten force in this context run the real risk of being prosecuted themselves for one or more of several possible criminal and disciplinary offences,” he warned.

He mentioned an incident in which two Austrian tourists were rebuked by officers for photographing Walthamstow bus station, in east London.

WHO becomes a terrorist? An MI5 report leaked to London newspaper The Guardian in August 2008 concluded that there is no easy way to identify those who become involved in terrorism in the UK because there is “no single pathway to violent extremism” and that “it is not possible to draw up a typical profile of the ‘British terrorist‘ as most are ‘demographically unremarkable'”.

The extraordinary lengths the German authorities went to after 9/11 to track down potential terrorists are a stark example of how useless profiling can be. They collected and analysed data on over 8 million individuals living in Germany. These people were categorised by demographic characteristics: male, aged 18 to 40; current or former student; Muslim; legally resident in Germany; and originating from one of 26 Islamic countries. Then they were sorted into three further categories: potential to carry out a terrorist attack (such as a pilot’s licence); familiarity with locations that could be targets (such as working in airports, nuclear power plants, chemical plants, the rail service, labs and other research institutes); and studying the German language at the Goethe Institute.

With the help of these categories authorities whittled the 8 million down to just 1689 individuals, who were then investigated, one by one. Giovanni Capoccia, an Oxford-based political scientist who analysed this case, reported that not one of them turned out to be a threat. All the real Islamic terrorists arrested in Germany through other investigations were not on the official “shortlist” and did not fit the profile.

Does it follow, as some scholars now think, that anyone, given the right conditions and the wrong friendships, can end up joining a terrorist group? Not entirely. We found that engineers are three to four times as likely as other graduates to be present among the members of violent Islamic groups in the Muslim world since the 1970s. Using a sample of 404 Islamic militants worldwide (with a median birth date in 1966), we tracked down the education of 284. Of these, 26 had less than secondary education, 62 completed secondary education (including madrasas), and 196 had higher education, whether completed or not. Even if none of the cases where we lack data had higher education, the share of those with higher education would be a hefty 48.5 per cent.

The next move was to find out what they had studied – and we tracked down 178 of our 196 cases. The largest single group were engineers, with 78 out of 178, followed by 34 taking Islamic studies, 14 studying medicine, 12 economics and business studies, and 7 natural sciences. The over-representation of engineers applies to all 13 militant groups in the sample and to all 17 nationalities, with the exception of Saudi Arabia.

Our finding holds up quite well in another sample of 259 Islamic extremists who are citizens or residents of 14 western, mostly European, countries, and who have recently come to the attention of the authorities for carrying out or plotting a terrorist attack in the west. Although this sample contains far fewer people with higher education than the older members of the first group, nearly 6 out of 10 of those with higher education are engineers.

We also collected data on non-Muslim extremists. We found that engineers are almost completely absent from violent left-wing groups, while they are present among violent right-wing groups in different countries. Out of seven right-wing leaders in the US whose degrees we were able to establish, four were engineers: for example, Richard Butler, the founder of the neo-Nazi group Aryan Nations, was an aeronautical engineer, and Wilhelm Schmitt, leader of the right-wing, extreme anti-government, pro-localism group known as the Sheriff’s Posse Comitatus, was an engineer with Lockheed Martin. Among the total membership of the Islamic groups, however, the over-representation is still much higher.

This could be a coincidence: if the group founders are engineers they would also be more likely to recruit other engineers via their educational or professional networks. This explanation only works up to a point. It does not explain why engineers are over-represented in groups in which the founders were not engineers, or why the founders of groups that were not in contact with each other were often engineers.

Why engineers? Everybody’s first reaction is that they are recruited for their technical proficiency in bomb-making and communications technology, but there is no evidence for this. A tiny elite tends to do the technical work in these groups, and jihadist recruitment manuals focus on a personality profile rather than technical skills.

So we are left with two hypotheses: either certain social conditions impinge more on engineers than on other graduates, or engineers are more likely to have certain personality traits that make radical Islamism more attractive to them. Our best guess is that the phenomenon derives from a combination of these two factors.

With engineers in the Middle East we have very intelligent, ambitious students who have found it difficult to find professional satisfaction, both individually and collectively in their desire to help their countries develop. Graduates of very selective degree programmes, they may have endured relatively greater frustration in a stagnant and authoritarian environment.

The fact that engineers are not over-represented in Saudi Arabia offers some support for this, for, alone among the countries of origin of terrorists, Saudi Arabia has had a shortage of engineers and has thus offered better employment opportunities. However, even in western countries and south-east Asia, where labour market opportunities are better for all graduates, engineers appear relatively more attracted to violent Islamist groups than other graduates. Why is this?

We reckon that something else is going on, something at the individual level, that is, relating to cognitive traits. According to polling data, engineering professors in the US are seven times as likely to be right-wing and religious as other academics, and similar biases apply to students. In 16 other countries we investigated, engineers seem to be no more right-wing or religious than the rest of the population, but the number of engineers combining both traits is unusually high. A lot of piecemeal evidence suggests that characteristics such as greater intolerance of ambiguity, a belief that society can be made to work like clockwork, and dislike of democratic politics which involves compromise, are more common among engineers.

So the bottom line is that while the probability of a Muslim engineer becoming a violent Islamist is minuscule, it is still be between three and four times that for other graduates.

In a classic piece of doublespeak that would have made George Orwell proud our government has stated that secrecy is required to ensure the impartiality of the head of state.

Gordon Brown has won a few muted accolades for his modest new reform agenda announced in the Commons yesterday. What has attracted less attention was his remark that “there will be protection of Royal Family and Cabinet papers as part of strictly limited exemptions” while informing the Commons of his plans to reduce the 30 year rule to a 20 year rule.

The new restrictions will remove all FOI access to documents relating to the royal family, whereas at the present time they are subject to a public interest test. This is a serious challenge to those, like Republic, who want to hold the monarchy to account and challenge their position in our constitution.

There is absolutely no defence for this reversal of FOI laws. The government clearly agrees, as it has resorted to an extraordinary bit of doublespeak to explain the change. In a statement sent to BBC bloggerMartin Rosenbaum, the Ministry of Justice said:

To ensure the constitutional position and political impartiality of the Monarchy is not undermined, the relevant exemption in the Freedom of Information Act will be made absolute for information relating to communications with the Royal Household that is less than 20 years’ old. After that point – if the relevant Member of the Royal Family is still alive – then the exemption will continue to apply until five years after their death – on an absolute basis for the Sovereign and the Heir to the Throne, and on a qualified basis for other members of the Royal Family.

So the government believes that impartiality and accountability require secrecy. Of course the opposite is true, impartiality needs openness, transparency and scrutiny – it needs to be demonstrated, to be seen to be done, not just promised.

This move clearly has nothing to do with impartiality, it’s to do with protecting the interests of the Windsors. No doubt a lot of royal lobbying has gone on over the past several months to secure this change.

The big question mark is how far will this exemption extend? Will we not be told how Andrew spends his time and our money in his role with UKTI? Will we not be told how many times Charles writes to ministers in an attempt to influence policy? Will there be a block on knowing if Harry and William are abusing their positions to gain favour in the military? Their finances are already opaque as it is, what chances will there be for full disclosure under the new rules?

It all leaves us with one question in mind: what do they have to hide?